MR. ZAHID KHAN & ANR. vs THE STATE (GNCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 10.10.2025 + CRL.A. 734/2024 and CRL.M.(BAIL) 1352/2024 MR. ZAHID KHAN & ANR. .....Appellants Through: Mr. M. Hasibuddin, Advocate with appellants in person versus THE STATE (GNCT OF DELHI) .....Respondent Through: Ms.Shubhi Gupta, APP for State Mr.Arjun Malik, Advocate for complainant CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI JUDGMENT (ORAL) 1. By way of the present appeal, the appellants assail the judgment of conviction dated 04.08.2023 and the order on sentence dated 30.07.2024 passed by the learned ASJ (FTC-02), South-East District, Saket Courts, Delhi in SC No. 2530/2016 arising out of FIR No. 33/2016 registered at P.S. Sun Light Colony under Section 307/34 IPC. Both appellants were convicted for the offence punishable under Section 308 read with Section 34 IPC and sentenced to undergo rigorous imprisonment for one year and three months along with a fine of Rs. 30,000/- each, with a default sentence of thirty days’ simple imprisonment. The charges for offences under section 307/34 IPC were framed against them on 21.04.2016. The sentence of the appellants was suspended vide order dated 14.08.2024. 2. The prosecution case, briefly stated, is that on 12.01.2016, a quarrel Signature Not Verified Digitally Signed By:NIJAMUDDEE CRL.A. 734/2024 Page 1 of 8 N ANSARI arose between the complainant Shahbuddin and his sons on one side and the appellants, their neighbours, on the other. It was alleged that during the altercation the appellant Zahid Khan struck Shahbuddin and his son Asif with a hammer, causing injuries. 3. The prosecution, in support of its case, examined fifteen witnesses. PW-1 Shahbuddin, the complainant, deposed that on 12.01.2016, while he was sitting at his kabadi shop at F-128, Kilokari Vill